Text of MO HB 1197 (2025)

Establishes immunity from civil liability for certain actions taken by private schools related to access to restrooms or changing areas

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FIRST REGULAR SESSION HOUSE BILL NO. 1197 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE BAKER. 2650H.01I JOSEPH ENGLER, Chief Clerk AN ACT To amend chapter 160, RSMo, by adding thereto one new section relating to private school immunity from civil liability for certain actions, with an emergency clause. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapter 160, RSMo, is amended by adding thereto one new section, to be 2 known as section 160.231, to read as follows: 160.231. 1. As used in this section, the following terms mean: 2 (1) "Multiple-occupancy restroom or changing area", an area in a private school 3 building designed or designated to be used by more than one individual at a time and 4 where individuals may be in various stages of undress in the presence of other 5 individuals. The term includes, but is not limited to, a school restroom, locker room, 6 changing room, or shower room; 7 (2) "Sex", the physical condition of being male or female based on genetics and 8 physiology as identified on the individual's original birth certificate. 9 2. A private school that serves students in prekindergarten to grade twelve shall 10 not be civilly liable for establishing, to ensure privacy and safety, one or more multiple- 11 occupancy restrooms or changing areas designated as follows: 12 (1) For the exclusive use of the male sex; or 13 (2) For the exclusive use of the female sex. 14 3. The provisions of this section shall not apply to individuals entering a 15 multiple-occupancy restroom or changing area designated for use by the opposite sex 16 when entering: 17 (1) For custodial, maintenance, or inspection purposes; or EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 18 (2) To render emergency medical assistance. 19 4. (1) No political subdivision shall adopt any ordinance, rule, or regulation 20 prohibiting a private school from establishing one or more multiple-occupancy 21 restrooms or changing areas as provided in this section. 22 (2) If a political subdivision adopts an ordinance, rule, or regulation in violation 23 of subdivision (1) of this subsection, such political subdivision shall pay the attorney's 24 fees and costs incurred by a private school in such private school's legal defense against 25 such ordinance, rule, or regulation. Section B. Because immediate action is necessary to protect private schools from 2 liability and allow preparation for the 2025-26 school year, section A of this act is deemed 3 necessary for the immediate preservation of the public health, welfare, peace, and safety, and 4 is hereby declared to be an emergency act within the meaning of the constitution, and section 5 A of this act shall be in full force and effect upon its passage and approval. ✔ HB 1197 2